a) defines a relevant market according to Article 22 (1) point 1,
b) finds that this relevant market is effectively competitive,
c) withdraws imposed regulatory obligations
– if there was a telecommunications undertaking with significant market power or
telecommunications undertakings holding jointly significant market power in that relevant
market, which have lost their SMP.
2. In a decision referred to in paragraph 1 point 2, the President of UKE shall define a time
limit for withdrawing regulatory obligations, taking account of the situation of
telecommunications undertakings operating in that market and affected by this decision.
3. The draft resolution referred to in paragraph 1 shall be subject to the provisions on
consultation proceedings.
4. The decision referred to in paragraph 1 point 2 shall be published on the UKE BIP website.
Article 24. Following the proceedings referred to in Article 22 (1), the President of UKE,
having found that there is a telecommunications undertaking with significant market power or
telecommunications undertakings holding jointly significant market power, shall issue
a decision which:
1) defines a relevant market according to Article 22 (1) point 1;
2) designates a telecommunications undertaking with significant market power or
telecommunications undertakings holding jointly significant market power and:
a) imposes regulatory obligations, taking account of adequacy and proportionality of a given
obligation to market problems the solution of which serves the achievement of objectives
specified in Article 1 (2), or
b) maintains imposed regulatory obligations if a telecommunications undertaking or
telecommunications undertakings continue to hold SMP, or
c) amends or withdraws imposed regulatory obligations if a telecommunications undertaking
or telecommunications undertakings continue to hold SMP, but conditions in a relevant
market justify the amendment or withdrawal of these obligations.
Article 25. 1. If prior to the issuance of a decision referred to in Article 24, there was
a telecommunications undertaking with significant market power or telecommunications
undertakings holding jointly significant market power in the same relevant market, which
have lost their SMP, the President of UKE, by means of a decision, shall specify the time
limit for withdrawing regulatory obligations, taking account of the situation of
telecommunications undertakings operating in that market and affected by this decision.
2. The decision referred to in paragraph 1 shall be published on the UKE BIP website.
Article 25a. 1. A telecommunications undertaking shall have significant market power if it
enjoys individually an economic position in a relevant market equivalent to dominance within
the meaning of Community law.
2. While assessing the telecommunications undertaking’s position in a relevant market, the
President of UKE shall take into account criteria listed in the Commission guidelines referred
to in Article 19 (3).
3. Two or more telecommunications undertakings shall have joint significant market power if,
even in the absence of organisational or other links between them, they have an economic
position in a relevant market equivalent to dominance within the meaning of Community law.
4. While finding whether two or more telecommunications undertakings have joint significant
power in a relevant market, the President of UKE shall assess characteristics of a relevant
market, in particular market shares of the undertakings and market transparency.